General Terms and Conditions
Effective date: 12 January 2021
These Candra Hospitality General Terms and Conditions (the “Terms”) govern the access and use of the Website and the Services. Please read the Terms carefully before using the Website and the Services.
Article 1. Definitions
1.1. In these Terms, the following terms are used in the following meaning, unless explicitly stated otherwise or if the context shows otherwise:
1.A. Candra Hospitality: the owner and operator of the Website and the provider of the Services, namely, the company Candra Hospitality B.V. located at Westplein 12, 3016BM Rotterdam, the Netherlands. Candra Hospitality B.V. is registered with the Chamber of Commerce under the number 81363257; its VAT number is NL 862057401B01.
1.B. Client: the company or private person to whom Candra Hospitality. provides the Services, on behalf of whom Candra Hospitality performs work, or with whom Candra Hospitality B.V. enters into an agreement or a service contract;
1.C. Service Agreement: the agreement between Candra Hospitality and the Client governing the provision of the Services;
1.D. Services: hospitality services provided by Candra Hospitality to the Client;
1.E. Products: any physical or digital products offered by Candra Hospitality within the scope of the Services;
1.F. Website: the website https://candra-hospitality.com owned and operated by Candra Hospitality;
1.G. User – an individual user accessing and using the Website.
Article 2. General
2.1. These Terms apply to every agreement between Candra Hospitality and the Client.
2.2. Any deviations from these Terms are only valid if they have been expressly agreed in writing or via the e-mail between the Client and Candra Hospitality.
2.3. The applicability of any purchase or other conditions of the Client is explicitly rejected.
2.4. If one or more of the provisions in these Terms are void or may be nullified, the other provisions of these Terms remain fully applicable. Candra Hospitality will consult with the Client, to agree on new provisions to replace the voided or nullified provisions, whereby the purpose and intent of the original provision will be considered as far as possible.
Article 3. Offers and quotations
3.1. All offers are without obligation, unless otherwise indicated.
3.2. Offers have a validity of 14 days after the quotation date.
3.3. Offers or quotations do not automatically apply to future assignments.
3.4. Obvious errors or mistakes on the Website, in folders, publications, quotations and mentioned data do not bind Candra Hospitality.
Article 4. Conclusion of the Service agreement
4.1. The Service Agreement is, subject to the provisions in paragraph 3, concluded upon Client’s acceptance of the Candra Hospitality’s offer for the Services and the fulfilment of the corresponding conditions. The Service Agreement ends upon completion of the Services, unless terminated earlier by either party.
4.2. If the Client has accepted the offer electronically, Candra Hospitality will immediately confirm electronically the receipt of the acceptance of the offer. If the receipt of this acceptance has not been confirmed by Candra Hospitality within 3 business days, the Client is entitled terminate the Service Agreement.
4.4. Candra Hospitality can – within the legal framework – inform whether the Client can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Candra Hospitality, based on this investigation, has good reasons not to enter into the Service Agreement, it is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
4.5. Candra Hospitality will send the following information, in writing or in such a way that it can be stored by the Client in an accessible manner on a durable medium:
4.5A. The visiting address of the Candra Hospitality branch where the Client can file complaints;
4.5B. If the Client is a business entity, the right of withdrawal cannot be used on purchases from Candra Hospitality;
4.5C. The information about guarantees and the Services after purchase;
4.5D. The information included in Article 4 paragraph 3 of these Terms, unless Candra Hospitality has already provided this information to the Client before the execution of the Service Agreement;
4.5E. The requirements for terminating the Service Agreement if the Service Agreement has a duration of more than one year or is indefinite.
4.6. Each Service Agreement is entered under the suspensive conditions of sufficient availability of the Services concerned.
4.7. By concluding the Service Agreement, an individual acting on behalf of the Client confirms that the individual is an authorized employee, contractor, or affiliate of the Client and, therefore, has the necessary rights and authorization to act on behalf of the Client.
4.8. Candra Hospitality reserves the right to, upon a prior notice to the Client, schedule regular maintenance times related to the Services during which all or a part of the Services may not be available to the Client.
Article 5. Execution of the service agreement
5.1. Candra Hospitality agrees to provide the Services and carries out the agreed activities as stated in the Service Agreement.
5.2. Candra Hospitality will endeavor to execute the Service Agreement in a careful manner, in accordance with the requirements of good workmanship.
5.3. Candra Hospitality is partly dependent on its suppliers and external personnel / external installers when performing the Services. Therefore, Candra Hospitality shall not be liable for the acts and omission of the third parties that are outside of Candra Hospitality’s reasonable control.
5.4. If changes occur in the delivery process due to the actions of Candra Hospitality, its suppliers or external personnel / external installers, the Client will be informed about this as soon as possible.
Article 6. Obligations of the client
6.1. After the Client has concluded the Service Agreement, the Client ensures that all data, of which Candra Hospitality indicates that these are necessary or of which the Client should reasonably understand that these are necessary for the execution of the Service Agreement, such as: building technical schemes passwords. etc., are available in time. If the Client has not fulfilled this obligation, Candra Hospitality has the right to suspend the provision of the Services and/or the execution of the Service Agreement.
6.2. The Client must refrain from conduct that makes it impossible for Candra Hospitality to carry out the assignment properly.
6.3. Candra Hospitality assumes that the Client fulfils all his legal obligations.
6.4. The Client will indemnify Candra Hospitality against claims from third parties that suffer damage in connection with the provision of the Services resulting from the act or omission of the Client.
6.5. The Client is obliged to inform Candra Hospitality immediately about facts and circumstances that may be important in connection with the execution of the Service Agreement.
6.6. The Client agrees to (i) use the Services in accordance with the recommendations, operating rules, and guidelines set by Candra Hospitality and (ii) ensure that Client’s authorised agents, employees, or other persons responsible for accessing and using the Services are instructed on the proper use of the Services.
Article 7. Modification of the service agreement
7.1. If it becomes apparent, during the execution of the Service Agreement, that it is necessary for a proper execution to change or supplement the work to be performed, the Client and Candra Hospitality are entitled to (i) adjust the Service Agreement accordingly or (ii) conclude the Supplemental Agreement, in due time and in mutual consultation.
7.2. If the nature, scope or content of the Service Agreement, whether at the request or instruction of the Client is changed, then this may have consequences for the originally agreed price.
7.3. By changing the Service Agreement, the originally stated delivery period can be changed.
7.4. If the Client enters into the Service Agreement for a fixed period that extends to the regular delivery of the Services, it cannot be terminated prematurely during this period. If this period expires without notice, the Service Agreement is automatically extended by 1 year each time.
7.5. Any published rates on Website, communicated to the Client, or made available in other english-language media are valid worldwide, unless stated otherwise.
7.6. Termination of the Service Agreement is only possible in writing or by email, upon a notice of at least one month.
Article 8. Website terms
8.1 The Website provides information about Candra Hospitality and the Services. Although Candra Hospitality regularly monitors the information available on the Website, it cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on the Website.
8.2. The Website may contain links to websites, applications, and other online sources owned and operated by third parties. The Website may also feature information and advertisements related to third parties. Candra Hospitality is not responsible in any manner for the content of third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
8.3. The User is not permitted to use the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Website;
- Interfering with or abusing other users of the Website;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of the Website.
Article 9. Rates.
9.1. The rates for the Services are available at https://candra-hospitality.com/rates/ or communicated to the Client or prospects personally. The rates are exclusive of VAT, unless explicitly stated otherwise.
9.2. Candra Hospitality is entitled to adjust its rates from time to time.
9.3. If the rates rise during the terms of the Service Agreement, then the Client has the right to dissolve the Service Agreement. The Client shall be informed in writing or via the e-mail of any changes to the rates at least one month in advance.
9.4. An increase in the rates due to an increase in sales VAT or another statutory measure is no reason for dissolution.
Article 10. Payment
10.1. When entering into the Service Agreement that exceeds the threshold amount of € 500.00 (five hundred euro), the invoice must be paid by the Client prior to the delivery of the Services.
10.2. For Service Agreements below the threshold amount of € 500.00 (five hundred euro), the Client must pay the invoices received from Candra Hospitality within 7 calendar days after the invoice date, unless specified otherwise in the invoice.
10.3. When entering into the Service sAgreement on a subscription basis for at least 1 year (the “Subscription Agreement”), the monthly amount is payable by the Client in advance, upon receipt of an invoice from Candra Hospitality. Any traveling costs incurred by Candra Hospitality are explicitly mentioned in the quotation or communicated to the Client in advance and invoiced to the Client after such costs incur. By concluding the Subscription Agreement, the Client agrees to pay the said travelling costs.
10.4. If the payment term relevant to an invoice issued by Candra Hospitality is exceeded, the Client will owe the statutory commercial interest, in accordance with article 6: 119a of the Dutch civil law, from the date on which the due sum becomes due and payable up to the time of payment. In addition, all costs of collection, after the Client is in omission, both judicial and extrajudicial costs, are at the expense of the Client. The extrajudicial collection costs are set at 15% of the amount of the principal of the claim with a minimum of € 100,00 (one hundred euro).
10.5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, the claims of Candra Hospitality on the Client are due immediately.
10.6. Candra Hospitality may retain the goods, property rights, data, documents, data files received or generated under the Service Agreement, despite an existing obligation to issue, until the Client has paid all amounts due to Candra Hospitality.
10.7. All payments related to the services are processed by third-party payment processors who are solely responsible for handling the payments. The Client agrees not to hold Candra Hospitality for payments that do not reach Candra Hospitality because the Client has quoted incorrect payment information or the payment was refused the payment for any other reason.
Article 11. Delivery terms and times
11.1. Candra Hospitality will take the greatest possible care when receiving and implementing orders for the Services, rendering the Services and delivering any Products.
11.2. The place of delivery is the address that the Client has made known to Candra Hospitality.
11.3. Unless agreed otherwise, the Products shall be delivered on a Delivered-at-Place (DAP) basis. Candra Hospitality shall (i) pay the costs related to the delivery of the Products to the Client’s premises, except for the costs of the Products and other Service fees payable by the Client, and (ii) cover any losses related thereto before the installation of the Products at the Client’s premises. The Client shall be responsible for paying (i) all import duties and applicable tax incurred as a result of the delivery of the Products to the Client’s premises and (ii) any other costs incurred after the installation of the Products at the Client’s premises.
11.4. With due observance of the provisions in paragraph 5 of this article, Candra Hospitality will deliver the Services within a specified period. If the delivery is delayed, or if an order cannot or only partially be executed, the Client will receive notice of this no later than 30 calendar days after placing the order. The Client is not entitled to a compensation, unless the Client acts as a consumer (i.e., an individual acting outside profession, trade, or business).
11.5. The delivery times stated by Candra Hospitality cannot be regarded as a deadline. Exceeding a term does not entitle the Client to a compensation.
11.6. If delivery of the Services or an ordered product proves to be impossible, Candra Hospitality will endeavour to make a replacement the Services or a product available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that replacement Services or a product will be delivered. The costs of any return shipment will be on behalf of Candra Technology.
11.7. The risk of damage and / or loss of the Products rests with Candra Hospitality until the time of delivery to the Client or a representative appointed in advance and made known to Candra Hospitality, unless expressly agreed otherwise.
11.8. If a delivery time agreed with the Client is exceeded because of an event, which is in fact outside the control of Candra Hospitality and cannot be attributed and / or allowed to be attributed to it, as described in article 16 of these Terms, this period is automatically extended by the period that it was exceeded because of such an event.
11.9. If the Client simultaneously concludes several Service Agreement with Candra Hospitality, the delivery time may be longer than the standard delivery time or the delivery time that the Client is accustomed to.
Article 12 – Conformity and Guarantee
12.1. Candra Hospitality guarantees that the Services and/ and the Products comply with the Service Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the Service Agreement or government regulations. If agreed, Candra Hospitality may also guarantee that the Services or the Products are suitable for other than normal use.
12.2. A guarantee provided by Candra Hospitality, manufacturer or importer does not affect the legal rights and claims that the Client can assert against Candra Hospitality based on the Service Agreement.
12.3. Any defects or incorrectly delivered Services or Products must be reported to Candra Hospitality in writing within 14 days after delivery. Return of the Products must be in the original packaging and in new condition.
12.4. The warranty period of Candra Hospitality is 12 months. Candra Hospitality is never responsible for the ultimate suitability of the Services or the Products for each individual application by the Client, nor for any advice regarding the use or application of the Services or the Products.
12.5. The guarantee does not apply if:
12.5A. The Client has repaired the delivered the Products himself and / or processed or has third parties repaired and / or processed;
12.5B. The delivered Products are exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of Candra Hospitality and / or on the packaging; or
12.5C. The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Article 13. Complaints
13.1. Complaints about the Services must be made known to Candra Hospitality directly by the Client. The notice of default must contain a detailed description as possible of the shortcoming, so that Candra Technology is able to respond adequately.
13.2. After submitting the complaint, the Client must give Candra Hospitality the opportunity to examine the justification of the complaint and, if necessary, given the opportunity to still perform the agreed Services.
13.3. If the performance of the agreed Services is no longer possible or useful, Candra Hospitality will only be liable within the limits of article 15 of these Terms.
Article 14. Suspension and dissolution
14.1. Candra Hospitality is entitled to dissolve the Service Agreement if the Client does not fulfil the obligations stated in 14.2,14.3,14.4.
14.2. In addition, Candra Hospitality is authorized to dissolve the Service Agreement if circumstances arise which are of such a nature that compliance with the Service Agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if circumstances arise which are of such a nature unchanged maintenance of the agreement cannot reasonably be expected.
14.3. Candra Hospitality is entitled to suspend the fulfilment of the obligations arising from the Service Agreement if:
14.3A. After the conclusion of the Service Agreement, Candra Hospitality has become aware of circumstances that give good grounds to fear that the Client will not fulfil Client’s obligations. In case there is good reason to fear that the Client will only partially or improperly fulfil its obligations, the suspension is only permitted insofar as the shortcoming justifies it; or
14.3B. The Client, at the end of the Service Agreement, is requested to provide security for the fulfilment of its obligations under the Service Agreement and this security is not provided or is insufficient.
14.4. Candra Hospitality is authorized to dissolve the Service Agreement if the Client requests suspension of payment or if it is granted to the Client, if the Client is declared bankrupt or a request to that effect is made, if the Client is unable to pay hits debts, to terminate or liquidate its company, be placed under guardianship, or in case an administrator or curator is appointed.
14.5. If the Service Agreement is dissolved, the claims of Candra Hospitality on the Client are due immediately. If Candra Hospitality suspends the fulfilment of the obligations, it will retain its rights under the law and the Service Agreement.
Article 15. Liability and prescription
15.1. Candra Hospitality cannot be held to compensate for any damage that is a direct or indirect consequence of:
15.1A. An event, which is in fact beyond its control and thus cannot be attributed to Candra Hospitality such as further described in article 16 of these Terms; or
15.1B. Any act or negligence on the part of the Client, itssubordinates, or other persons who have been put to work by or on behalf of the Client.
15.2. Candra Hospitality is not liable for damage of any nature whatsoever, because Candra Hospitality has assumed incorrect and / or incomplete information provided by the Client, unless this inaccuracy or incompleteness should have been known to Candra Hospitality.
15.3. Candra Hospitality cannot be held liable for the publication and / or reproduction of confidential information by third parties.
15.4. Candra Hospitality cannot be held liable for damage that has occurred because third parties do not wish to cooperate or because third parties provide incorrect or incomplete information to Candra Technology.
15.5. Candra Hospitality is only liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation for the amount of the total order value stated in the invoice.
15.6. If Candra Hospitality is liable for any damage, the liability of Candra Hospitality is limited to the amount of the payment made by the insurer of Candra Hospitality. If in any case the insurer fails to pay, or the damage is not covered by the insurance, the liability of Candra Hospitality is limited to the amount of the invoice, at least to that part of the invoice to which the liability relates.
15.7. The limitations of liability included in these Terms do not apply if the damage is due to intent or gross negligence of Candra Hospitality.
15.8. Claim rights and other powers of the Client for whatever reason against Candra Hospitality expire in any case after the expiration of 1 year from the moment that a fact arises that the Client can use these rights and / or powers towards Candra Hospitality.
15.9. The Website and the Services are provided on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, Candra Hospitality does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Website and the Services, and hereby disclaims all warranties relating thereto. It remains Client’s sole responsibility to verify and assess the fit for the purpose of the services prior to concluding the Service Agreement.
15.10. Nothing in these Terms affects any statutory rights that the Client is entitled to as a consumer and that the Client cannot contractually agree to alter or waive
Article 16. Force majeure
16.1. If events that are in fact beyond the control of Candra Hospitality, or do not or cannot be attributed to Candra Hospitality, then in any case are considered: obstacles by third parties, including those of governments, such as: the inaccessibility of third parties by for example vacation, illness, strike or the bankruptcy of third parties or the inability of third parties to cooperate; special weather conditions; war or war danger; the taking of measures by the government or changes in actual circumstances.
16.2. When an event occurs, as indicated in paragraph 1 of this article, Candra Hospitality cannot be held to compensate any damage as a direct or indirect consequence thereof and will also be relieved of its obligation to deliver. In the event of an opportunity to still deliver and / or change, to deliver and / or execute, both Candra Hospitality and the Client, possibly subject to adjustment of the amounts to be paid by the Client, will be obliged to use them.
16.3. Insofar as Candra Hospitality has at the time of the occurrence of force majeure partially fulfilled its obligations under the Service Agreement or will be able to comply with it, and the part that has been fulfilled or to be fulfilled has an independent value, Candra Hospitality is entitled to declare this part separately. The Client is obliged to pay this invoice as if it were a separate agreement
Article 17. Confidentiality
17.1. The Client is obliged to maintain confidentiality of all confidential information that it has obtained within the context of the Service Agreement from Candra Hospitality or from another source. Information is considered confidential if this has been communicated by Candra Hospitality or if this arises from the nature of the information. The Client will only use the confidential information for the purpose for which it was provided.
17.2. If, based on a legal provision or a court decision, Candra Hospitality is obliged to provide confidential information to third parties designated by the law or the competent judge and Candra Hospitality cannot invoke any legal or other legal recognition recognized by the law or the competent judge,Candra Hospitality is not obliged to pay damages or compensation and the Client is not entitled to terminate the Service Agreement based on any damage, arising from this.
Article 18. Intellectual property
18.1. The Client indemnifies Candra Hospitality against claims from third parties relating to intellectual property rights on materials or data provided by the Client, which are used in the execution of the Service Agreement.
18.2. All documents provided by Candra Hospitality, such as reports, advice, agreements, etc., are exclusively intended to be used by the Client and may not be reproduced, made public or known to third parties without prior permission from Candra Hospitality, unless otherwise ensuing from the nature of the documents provided.
Article 19. Applicable law and competent court
19.1. Dutch law applies to these Terms, the Service Agreement, and every agreement between Candra Hospitality and the Client.
19.2. All disputes concerning agreements between the client and Candra Hospitality are submitted to the courts in the Netherlands.
Article 20. Legitimacy
20.1. These Terms have been changed on 12-01-2021. The most recent version of these Terms applies to all quotations and agreements.
20.2. These Terms or the Services may be modified at any time. Candra Hospitality shall inform the Clients about any material amendments to the Terms or the Services and, if necessary, seek Client’s consent to the amendments.
Article 21. Contact
21.1. Any notices regarding these terms, the Services, or the Service Agreement should be addressed to Candra Hospitality by using the following contact details:
Address: Hospitality B.V., Westplein 12, 3016BM, Rotterdam, the Netherlands
Phone number: +31 85 303 15 86